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1 August 2009 | Soulier Bunch

Exchange of information and prohibited concerted practices: the position of the competition authorities

While exchanges of information are less detrimental to competition and less damageable for the economy than price cartels and allocations of market shares, they can be considered as anticompetitive practices even if the exchanged information does not underpin another prohibited practice and does not directly concern prices. This is the final position adopted by the […]

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1 August 2009 | Soulier Bunch

“Equal pay for equal work”…or too much of a good thing?

Case law has established the principle of “equal pay for equal work”, which seems logical and fair. However, in practice, it may be difficult to implement, specifically in small- and medium-sized companies. Further, equity can sometimes shift towards egalitarianism, which, in the end, could severely penalize employees, and therefore companies, should this become the norm. […]

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1 June 2009 | Soulier Bunch

Abuse of a dominant position: record fine imposed upon intel by the european commission

Following from the publication of its Guidance Paper on its enforcement priorities in applying Article 82 of the EC Treaty on abuse of a dominant market position[1], the European Commission just imposed a fine of 1.06 billion Euros upon Intel Corporation (“Intel”), the world leader in microprocessors, for abusing its dominant market position[2]. The Commission’s […]

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1 June 2009 | André Soulier

Criminalization of moral harassment: When subjectivity becomes presumption, How to defend employers

The recognition of “moral harassment” 1. A survey carried out by the European Foundation for the Improvement of Living and Working Conditions revealed that violence at the workplace affects a large number of workers: 3 million workers are subjected to sexual harassment, 6 million workers are subjected to physical violence and 12 million workers are […]

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1 June 2009 | Soulier Bunch

Continuing coverage under company-sponsored supplemental death and disability insurance plans For the unemployed: new obligations for companies as of july 1, 2009

Article 14 of the National Multi-Industry Agreement (NMA) dated January 11, 2008 reasserts the principle of continuing coverage under company-sponsored supplemental health, death and disability insurance plans for former employees of a company, thereby reiterating certain provisions of the Evin Law of December 31, 1989. An amendment no. 3 dated May 18, 2009 modified and […]

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